I. General Provisions Terms used in these Regulations are the following: plant quarantine organisms



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Disclaimer: The English language text below is provided by the Translation and Terminology Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The Translation and Terminology Centre uses the principle of gender-neutral language in its English translations. In addition, gender-specific Latvian nouns have been translated as gender-neutral terms, e.g. chairperson.

Text consolidated by Tulkošanas un terminoloģijas centrs (Translation and Terminology Centre) with amending regulations of:

11 July 2000 (No. 228

21 November 2000 (No. 401);

15 May 2001 (No. 195).

If a whole or part of a paragraph has been amended, the date of the amending regulation appears in square brackets at the end of the paragraph. If a whole paragraph or sub-paragraph has been deleted, the date of the deletion appears in square brackets beside the deleted paragraph or sub-paragraph.


Republic of Latvia
Cabinet

Regulation No. 355

Adopted 19 October 1999

Regulations Regarding Plant Quarantine

Issued pursuant to Section 5, Clause 1 and Section 14, Paragraph seven of the Plant Protection Law


I. General Provisions
1. Terms used in these Regulations are the following:

1.1. plant quarantine organisms – harmful organisms which do not currently occur or are of limited spread and are actively combated;

1.2. phytosanitary requirements – requirements which regulate activities related to the growing of plants, the activities of persons related to the production, handling and storage of plant and plant products in order to prevent the importation or spread of harmful organisms;

1.3. wood – timber with a naturally rounded surface or without a naturally rounded surface, barked or stripped of bark, as well as chips, particles, residue from wood processing and slabs, wood pads, cargo fittings, pallets or the packaging used for transportation of products which create a risk of spreading plant quarantine organisms.


2. These Regulations determine the procedures for registration of plant growers, plants, plant products and the processors, storers, traders, importers and exporters of objects which have come into contact with such, the measures and procedures for phytosanitary control, the procedures for the issue of phytosanitary documents and for the specification of protected areas; as well as the plant quarantine organisms, plants, plant products and the objects which have come into contact with such, the importation of which is prohibited or for the importation of which specific provisions have to be observed, as well as the plants, plant products and objects which have come into contact with such, which are subject to phytosanitary control or border control.
II. Persons Subject to Registration and Procedures for Registration thereof
3. Plant growers, and producers, storers, traders, importers and exporters of plant products and objects which have come into contact with such (Annex 1), which are subject to phytosanitary control (hereinafter – persons subject to registration) shall be registered with the State Plant Protection Service.
4. Persons who grow the plants referred to in Annex 1 of these Regulations, produce, use or store plant products and objects which have come into contact with such for personal needs, as well as sell plants and plant products which are not intended for further agricultural production, shall not be subject to registration.
5. Persons subject to registration shall submit to the State Plant Protection Service:

5.1. a submission which indicates the type of activity and production, the actual location of facilities and warehouses, as well as the given name and surname of the person responsible for co-operation with the State Plant Protection Service; and

5.2. the plans of the parcels of land and premises associated with the growing of plants, as well as with the production, storage, trade, exportation and importation of plants and plant products.
6. Within a twenty-day period after the receipt of the documents referred to in Paragraph 5 of these Regulations, an inspector of the State Plant Protection Service shall verify the information submitted.
7. After verification of the information, the person subject to registration shall be registered within a ten-day period. If during the verification it is determined that the information provided does not conform to the actual information and the person subject to registration fails to comply with the phytosanitary requirements, the person subject to registration shall not be registered.
8. An individual registration number shall be granted and a registration certificate issued to the person subject to registration, which certifies the inclusion of the person in the register of persons involved in the handling of plants and plant products subject to phytosanitary control (hereinafter – register).
9. Persons subject to registration who have not been registered:

9.1. shall not be issued the documents referred to in these Regulations;

9.2. are prohibited to import plants, plant products and objects which have come into contact with such referred to in Chapter III, Annex 1 of these Regulations; and

9.3. shall not be issued documents of conformity for plants which have been planted or intended for planting or propagation (hereinafter – propagating material).


10. The State Plant Protection Service is entitled not to issue phytosanitary documents or to delete a person subject to registration from the register if he or she does not comply with the requirements set out in these Regulations. The State Plant Protection Service shall inform the relevant person thereof in writing within a ten-day period after the taking of the decision.
11. The State Plant Protection Service shall control how registered persons comply with the phytosanitary requirements set out in regulatory enactments, taking into account the phytosanitary risk of plants and plant products.
III. Importation (Import) and Distribution of Plants, Plant Products and Objects which have Come into Contact with Such
12. The importation of plants, plant products and objects which have come into contact with such is permitted through customs border control points in accordance with the procedures prescribed by the Cabinet.
13. When importing plants, plant products and objects which have come into contact with such referred to in Annex 2 to these Regulations into Latvia, a phytosanitary border control shall be carried out on them.
14. When importing plants, plant products and objects which have come into contact with such referred to in Annex 2, Paragraph 1 of these Regulations into Latvia, a phytosanitary certificate or a phytosanitary certificate for re-exportation (re-export) and a quarantine permit for importation shall be required for them.
15. When importing plants, plant products and objects which have come into contact with such referred to in Annex 2, Paragraph 2 of these Regulations into Latvia, a phytosanitary certificate or a phytosanitary certificate for re-exportation (re-export) shall be required for them.
16. A quarantine permit for importation shall be issued by the State Plant Protection Service to a person subject to registration for the importation of certain plants, plant products and objects which have come into contact with such within a specified period of time. A quarantine permit for importation shall include the importation requirements for relevant plants, plant products and objects which have come into contact with such.
17. A quarantine permit for importation shall be issued on the basis of a request from a person subject to registration, in which is indicated:

17.1. the importer's given name and surname, or the name, address and the registration number referred to in Paragraph 8 of these Regulations;

17.2. the exporting state and the state of origin of the plants or plant products;

17.3. the name and amount of the plants, plant products and objects which have come into contact with such; and

17.4. the customs border control points through which the importation of the goods is intended.

[21 November 2000]


18. A relevant official of the State Plant Protection Service shall certify a quarantine permit for importation with his or her signature and the official seal of the State Plant Protection Service.
19. A phytosanitary certificate (original) issued by the plant protection service of an exporting state is valid for the importation of plants, plant products and the material related thereto into Latvia, which certificate shall certify the compliance of the plants, plant products and objects which have come into contact with such with the phytosanitary requirements set out in regulatory enactments of Latvia. The phytosanitary certificate shall comply with the following requirements:

19.1. the certificate shall be drawn up in Latvian, English, German or Russian in typewriting or in handwriting in block capitals;

19.2. the botanical names of plants shall be indicated in Latin;

19.3. not more than 14 days shall have elapsed from the date of issue of the certificate indicated in the certificate to the date the goods left the exporting state;

19.4. the certificate shall be certified by the seal of the plant protection service of the exporting state and the signature of the relevant official; and

19.5. if there are any corrections or deletions, such shall be certified.

[21 November 2000]
20. If plants, plant products and objects which have come into contact with such have been imported into a state and before being sent to Latvia have been divided, repacked or stored, a phytosanitary certificate for re-exportation (re-export) is required which certifies the compliance of the goods with the phytosanitary requirements specified in the regulatory enactments of Latvia.

[21 November 2000]


21. A phytosanitary certificate for re-exportation (re-export) shall be issued on the basis of the phytosanitary certificate referred to in Section 19 of these Regulations, the original or a certified copy of which shall be attached to the phytosanitary certificate for re-exportation (re-export).
22. A phytosanitary certificate for re-exportation (re-export) (original) that complies with the requirements set out in Sub-paragraphs 19.1, 19.2, 19.3, 19.4 and 19.5 of these Regulations shall be valid for the importation into Latvia of plants, plant products and the material related thereto.
23. When importing plants, plant products and the material related thereto into Latvia, a phytosanitary certificate or a phytosanitary certificate for re-exportation (re-export) is required for each unit of transport. If there are plants, plant products and objects which have come into contact with such in the unit of transport, which goods have several consignors and consignees, a phytosanitary certificate or a phytosanitary certificate for re-exportation (re-export) is required for each consignor or consignee.
24. The plants and plant products referred to in Annex 2 to these Regulations may be imported for personal use without a phytosanitary certificate or a phytosanitary certificate for re-exportation (re-export) and a quarantine permit in the following amounts:

24.1. cut flowers – not more than 25;

24.2. fresh vegetables (except for potatoes) and fruit – not more than 5 kilograms;

24.3. flowering bulbs, rhizomes, tubers (except for potatoes), tuberous bulbs – not more than 3 kilograms;

24.4. seeds in packets - not more than 50 grams;

24.5. rooted ornamental plants – 5.

25. It is prohibited to import into Latvia:

25.1. plant quarantine organisms (Annex 3);

25.2. plants, plant products and objects which have come into contact with such referred to in Annex 4 to these Regulations;

25.3. plants, plant products and objects which have come into contact with such, the importation (import) of which is subject to specific requirements (Annex 5) if they do not comply with the referred to requirements; and

25.4. harmful organisms not referred to in Annex 3 of these Regulations which do not occur in Latvia but which in accordance with the analysis of the risk of harmful organisms may be harmful to plants and plant products in Latvia.
26. It is prohibited to distribute in the territory of Latvia the following:

26.1. plant quarantine organisms (Annex 3); and

26.2. the harmful organisms not referred to in Annex 3 to these Regulations which do not occur in Latvia but which in accordance with the analysis of the risk of harmful organisms may be harmful to plants and plant products in Latvia.
27. Depending on the type of imported plants, plant products and objects which have come into contact with such, the phytosanitary control shall be carried out at a border control point or in a customs warehouse.
28. The phytosanitary control of plants, plant products and objects which have come into contact with such shall be carried out at a border control point or a customs warehouse, for payment in accordance with a price list approved by the Minister for Agriculture, by an inspector of the Sanitary Border Inspection who has relevant qualifications in the field of plant protection.

[21 November 2000]


The payment for phytosanitary control referred to in Section 28 of these Regulations shall not be collected:

28.1 1. if control is applied to goods that are transported in transit through the territory of the Republic of Latvia with or without transhipment thereof, with or without storage in customs warehouses, free zones and free ports on the basis of a TIR carnet, transit declaration or other customs document which substitutes a customs declaration;

28.1 2. if control is applied to goods that are moved into customs warehouses, free zones and free ports (with or without processing) in order to move out from the Republic of Latvia by transit or re-exportation (re-export); and

28.1 3. if control is applied to means of transport that carry goods referred to in Sub-paragraphs 28.1 1 and 28.1 2 of these Regulations.

[21 November 2000]
29. The phytosanitary control procedure at a border control point or in a customs warehouse shall include:

29.1. examination of the documentation of the goods;

29.2. identity check of the goods;

29.3. physical examination of plants, plant products and objects which have come into contact with such;

29.4. taking of samples and expert-examination if laboratory analyses are necessary; and

29.5. completion of a document of phytosanitary border control (Annex 6). With the document referred to, a person who imports plants, plant products and objects which have come into contact with such shall request the performance of phytosanitary control, and an inspector of the Sanitary Border Inspection shall confirm the performance of such control, and in accordance with the decision taken shall give the right to perform the relevant customs procedures.

[21 November 2000]
30. Pursuant to the completion of the phytosanitary border control document and the taking of a decision on the further utilisation of the consignment, which decision shall be indicated in the border control document, the customs procedure for plants, plant products and objects which have come into contact with such may be commenced.
31. After phytosanitary control, the original of a phytosanitary certificate or a phytosanitary certificate for re-exportation (re-export) shall be kept by the inspector of the Sanitary Border Inspection. If goods are intended for re-exportation (re-export), the original of the phytosanitary certificate shall be kept by the owner of the consignment or the forwarding agent.

[21 November 2000]


32. If plants, plant products or objects which have come into contact with such do not conform with phytosanitary requirements and the goods are not admitted into Latvia or are sent out of Latvia, the phytosanitary certificate or the phytosanitary certificate for re-exportation (re-export) shall be stamped with the triangular stamp in red colour bearing the inscription "Sertifikāts anulēts" [Certificate is cancelled] and shall include the date and be signed by an inspector of the Sanitary Border Inspection.

[21 November 2000]


33. An inspector of the Sanitary Border Inspection shall inform within a 24-hour period the State Plant Protection Service of the non-conformity of phytosanitary documents, as well as of plants, plant products and objects which have come into contact with such with respect to the requirements set out in these Regulations.
34. The State Plant Protection Service, within a 24-hour period after the receipt of relevant information, shall send a notice to the plant protection service of the exporting state regarding the non-conformity of the goods with phytosanitary norms.

[21 November 2000]


35. If an inspector of the Sanitary Border Inspection has made a notation in a phytosanitary border control document regarding the necessity of phytosanitary control, the person who imports the plants and plant products and objects which have come into contact with such shall, within a 48-hour period, inform thereof the inspector of the State Plant Protection Service at the place of receipt of the goods.

[21 November 2000]


36. The phytosanitary control of the imported propagating material specified in Annex 7 of these Regulations and further activities related to such control shall be carried out in accordance with Section 14, Paragraph seven of the Plant Protection Law.
37. If a phytosanitary risk is possible, the State Plant Protection Service may determine the following post-control periods for imported propagating material:

37.1. for perennial crops – two years; and

37.2. for other crops – one vegetation period.
38. The importation of live fungi, virus cultures, nematodes, ticks and insects shall be determined by regulatory enactments regulating the field of plant protection products.
39. The State Plant Protection Service, on the basis of an analysis of the risk of a particular plant quarantine organism and tests of the spread thereof in the territory of the State, if the presence of the plant quarantine organism has not been determined, may in accordance with Section 17, Paragraph two of the Plant Protection Law specify the territory under protection in the entire territory of the State or in the part thereof where the plant quarantine organism has not been determined.
40. A phytosanitary certificate for exportation (export) (Annex 8) or a phytosanitary certificate for re-exportation (re-export) (Annex 9) shall certify the conformity of the plants, plant products and objects which have come into contact with such to the phytosanitary requirements determined by the importing state.
41. Plants, plant products, places and premises of the production and storage thereof, as well as means of transport, shall require chemical treatment if infection with organisms harmful to plants has been determined and if such treatment is required by phytosanitary requirements of Latvia or the importing state.
IV. Closing Provisions
42. These Regulations come into force on 1 January 2000.
43. Sub-paragraphs 9.1, 9.2 and 29.5 of these Regulations come into force on 1 June 2000.
44. Paragraph 9.3 of these Regulations comes into force on 1 October 2000.
45. The requirement regarding a quarantine permit for importation set out in Paragraph 14 of these Regulations is in force to 1 March 2001.

Prime Minister A. Šķēle


Minister for Agriculture A. Kalvītis

Annex 1


Cabinet Regulations No. 355

19 October 1999


Plants, plant products and objects which have come into contact with such, which are subject to phytosanitary control
I. Plants, plant products and objects which have come into contact with such, the growers, producers, storers, traders and exporters of which shall be subject to registration
1. Plants of Chaenomeles Lindl., Cotoneaster Ehrh., Crataegus L., Cydonia Mill., Eriobotrya Lindl., Malus Mill., Mespilus L., Pyracantha Roem., Pyrus L. and Stranvaesia Lindl., of such fruit trees as plums, almonds, apricots, peaches and cherries of Prunus L., and of Sorbus L. (other than Sorbus intermedia (Ehr.) Pers.) intended for planting other than seeds.
2. Plants of Humulus lupulus L. intended for planting other than seeds.
3. Plants of the stolon- and tuber-forming genus of Solanum L. or their hybrids intended for planting.
4. If Clause 3 of this Annex does not apply to them (growers, storers, packers and processors shall be subject to registration) the tubers of Solanum tuberosum L. if grown in areas exceeding 1 ha.
5. Plants of Fortunella Swingle and Poncirus Raf. and their hybrids, and plants of Vitis L., other than fruit and seeds.
6. Plants of Citrus L. and their hybrids other than fruit and seeds.
7. Wood (only exporters shall be subject to registration):


Code

Description










ex

44

Wood that has been obtained from plants of Castanea Mill., excluding wood which has been stripped of bark, and from plants of Platanus L. (including wood which has not kept its natural round surface)




4401 10 00

Firewood as uncut logs, cut and split wood, faggots or in similar forms

ex

4401 22 00

Wood of deciduous trees as chips and particles

ex

4401 30

Wood waste and scrap not agglomerated in briquettes, pellets or similar forms

ex

4403 99

Logs whether or not stripped of bark, roughly squared or not :







 other than treated with paint, stains, creosote or other preservatives







 other than coniferous, Quercus L. and Fagus L.

ex

4404 20 00 0

Hoop wood; split stakes; sharpened, but not sawn lengthwise posts, poles and piles, :







 from wood of deciduous trees




4406 10 00 0

 not impregnated

ex

4407 99

Wood sawn lengthwise or otherwise treated, sliced or peeled, planed or not planed, sanded or not sanded, finger-jointed or not lenghtwise, of a thickness exceeding 6 mm:







 other than coniferous and tropical woods, Quercus L. and Fagus L.

8. Isolated bark of plants of Castanea Mill. (only exporters shall be subject to registration).



II. Plants which are grown and marketed by the growers for further agricultural production
9. Plants of Abies Mill., Larix Mill., Tsuga Carr., Pinus L., Picea A.Dietr., Platanus L., Populus L., Pseudotsuga Carr., Quercus L., Castanea Mill., Apium graveolens L., Argyranthemum Webb., Spinacea L., Brassica L., Cucumis L., Lactuca L., Aster L., Dendranthema (DC) Des Moul., Gypsophila L., Exacum Willd., Fragaria L., Gerbera Cass., Leucanthemum L., Verbena L., Lupinus L., Pelargonium l’Herit. ex Ait. and Tanacetum L., plants of Dianthus L. and their hybrids, plants of all varieties of New Guinea hybrids of Impatiens L., as well as plants of such berry bushes as red currants, black currants, gooseberries, dewberries and raspberries of Ribes L., Rubus L., intended for planting other than seeds.
10. Plants of Solanaceae intended for planting other than seeds and other than stolon- and tuber-forming plants.
11. Plants of Araceae, Marantaceae, Musaceae, Persea Mill. and Strelitziaceae (rooted or with growing medium attached or associated).
12. Bulbs and seeds of Allium ascalonicum L., Allium cepa L. and Allium schoenoprasum L. intended for planting and seeds and plants of Allium porrum L. intended for planting.
13. Bulbs and corms of Camassia Lindl., Chionodoxa Boiss., Galanthus L., Hyacinthus L., Iris L., Ismene Herbert, Muscari Mill., Narcissus L., Ornithogalum L., Puschkinia Adams, Scilla L., Tigridia Juss. and Tulipa L., cultivars and their hybrids, of Crocus flavus Weston "Golden Yellow" and Galtonia candicans (Baker) Decne, and of such varieties of Gladiolus Tourn. ex L. as Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort. and Gladiolus tubergenii hort., intended for planting.

III. Plants, plant products and objects which have come into contact with such, the importers of which shall be subject to registration
14. Plants intended for planting, propagating material and rooted parts of plants (other than seeds and aquarium plants), including bulbs (small bulbs).
15. Seeds intended for sowing:

15.1. seeds of plants of Gramineae and Cruciferae, originating in non-European countries (including the part of Russia behind the Ural Mountains) – durum wheat, spelt wheat, common wheat, meslin seed, seeds of superelite and higher categories of rye, barley, oats, triticale, hybrids of sorgo and seeds of other cereals; seeds of Brassica napus L. and other oil seeds of Cruciferae; other seeds, fruits and spores, intended for sowing;

15.2. seeds of Trifolium spp., Zea mays L., Medicago sativa L., Oryza spp. and Helianthus annuus L.;

15.3. seeds of Allium cepa L., Allium schoenoprasum L., Allium porrum L., Capsicum L., Lycopersicon lycopersicum (L.) Karsten ex Farw.;

15.4. seeds of Phaseolus L.; and

15.5. seeds of plants of raspberries, dewberries of Rubus L. and seeds of apricots, peaches, plums and other plants of Prunus L., originating in non-European countries (including the part of Russia behind the Ural Mountains).


16. Parts of the following plants (cut flowers, branches and similar) other than fruits and seeds:

16.1. parts of plants of Gerbera L., Gypsophila L., Dendranthema (DC) Des., Dianthus L., Orchidaceae, Pelargonium l’Herit ex Ait and Rosa L. – live plants (including their roots), cuttings and clips, for bouquets or ornamental purposes cut fresh flowers and flower-buds;

16.2. parts of plants of Malus Mill., Pyrus L., Cydonia Mill., Eriobotrya Lindl., Castanea Mill., Chaenomeles Lindl., Cotoneaster Ehrh., Mespilus L., Quercus L., Pyracantha Roem., Sorbus L. (other than Sorbus intermedia (Ehrh.) Pers.), Stranvaesia Lindl. and Crataegus L. – live plants (including their roots), cuttings and clips, for bouquets or ornamental purposes cut fresh flowers and flower-buds, fresh foliage, branches with foliage and other parts of plants; non-processed parts of plants intended mainly for dyeing or tanning; and

16.3. parts of plants of Acer saccharum Marsh., Phoenix L., Populus L., Prunus L. and Coniferale, originating in non-European countries (including the part of Russia behind the Ural Mountains) – live plants (including their roots), cuttings and clips, for bouquets or ornamental purposes cut fresh flowers and flower – buds, fresh foliage, branches with foliage and other parts of plants; non-processed parts of plants intended mainly for dyeing or tanning.


17. Fruits:

17.1. of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids;

17.2. of Annona L., Malus Mill., Pyrus L., Cydonia Mill., Psidium L., Diospyros L., Mangifera L., of plums, apricots, cherries, peaches of Prunus L., of black, white and red currants, gooseberries of Ribes L., cranberries, blackberries and others of Vaccinium L., Passiflora L. and Syzygium Gaertn., originating in non-European countries (including the part of Russia behind the Ural Mountains).
18. Tubers of Solanum tuberosum L., fresh or chilled.
19. Seeds intended for sowing and roots intended for food, animal fodder and industrial processing of Beta vulgaris L., as well as unsterilized waste.
20. Isolated bark:

20.1. bark of plants of Castanea Mill. and Quercus L. (other than Quercus suber L.); and

20.2. bark of plants of Acer saccharum Marsh., Populus L. and plants of Coniferales originating in non-European countries (including the part of Russia behind the Ural Mountains).
21. Wood:


Code

Description










ex

44

Wood of Acer saccharum Marsh., Castanea Mill. and Quercus L. (including wood which has not kept its natural round surface) originating in North American countries

ex

44

Wood of Coniferales (including wood which has not kept its natural round surface), originating in non-European countries (including the part of Russia behind the Ural Mountains)

ex

44

Wood of Populus L. originating in North or South American countries

ex

44

Platanus L. (including wood which has not kept its natural round surface)




4401

Firewood as uncut logs, cut and split wood, faggots or in similar forms;

chips and particles and wood waste and scrap not agglomerated in briquettes, pellets or similar forms



ex

4403

Logs whether or not stripped of bark, roughly squared or not:







 other than treated with paint, stains, creosote or other preservatives

ex

4404

Hoop wood; split stakes; sharpened, but not sawn lengthwise posts, poles and piles,




4406 10 00 0

 not impregnated




4407

Wood sawn lengthwise or otherwise treated, sliced or peeled, planed or not planed, sanded or not sanded, finger-jointed or not lenghtwise, of a thickness exceeding 6 mm




4415

Wood boxes, packing cases, crates, spools and similar wooden packaging; wooden cable spools, pallets, pallet boxes and other freight pallets, wooden pallet sides




4416 00 00 0

Barrels, small barrels, tubs, small tubs and other cooper-ware and their wooden parts, including staves




9406 00 010

– from wood

  1   2   3   4


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